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Quick facts
- ✓Federal agencies must base human capital programs on "comprehensive workforce planning and analysis" (5 CFR 250.204(a)(2)); OPM's Annual Staffing Plan rule takes effect November 30, 2026.
- ✓Former OFCCP rule: a contractor's organizational profile could be an organizational display or a "workforce analysis" listing every job title by pay (41 CFR 60-2.11). Part 60-2 was rescinded effective October 26, 2026.
- ✓Executive Order 14173 revoked Executive Order 11246 on January 21, 2025; OFCCP says Section 503 and VEVRAA rules remain in effect.
- ✓VEVRAA contractors still document five applicant and hire counts each year (41 CFR 60-300.44(k)); the Section 503 utilization analysis ended September 21, 2026.
- ✓EEO-1 (checked November 2026): still required by 29 CFR 1602.7 for employers with 100 or more employees; a July 2026 EEOC proposal would rescind it.
- ✓Selection rates below four-fifths (80 percent) of the highest group's rate are generally regarded as evidence of adverse impact (29 CFR 1607.4(D)).
- ✓September 2026 (preliminary): national job openings rate 4.5 percent, hires rate 3.4 percent, quits rate 2.1 percent (BLS JOLTS).
What it means in practice
Workforce analysis answers practical questions: how many people work here, in which jobs, at what pay, with what skills, and how that is changing. The phrase is used in three settings: workforce planning, which matches staff to future needs; equal employment compliance, where it was a defined federal contractor report; and comparison with the wider labor market. This entry covers each and which federal rules still apply in 2026.
What gets measured. A basic analysis starts with headcount and full-time equivalents (FTE), broken down by department, job title, pay band, location and full-time or part-time status. Movement can use the Bureau of Labor Statistics JOLTS terms: job openings are positions open on the last business day of the month; hires are all additions to the payroll during the month; separations split into quits (employees who left voluntarily), layoffs and discharges (involuntary separations initiated by the employer) and other separations such as retirements, transfers, deaths and disability. Skills analysis compares the competencies the work needs with those staff have.
Workforce planning in the federal model. The most detailed federal framework applies to executive agencies, not private employers, but many HR teams borrow from it. OPM's Human Capital Framework rules require agency human capital programs to "be based on comprehensive workforce planning and analysis" and to address skill gaps in mission-critical occupations "by using comprehensive data analytic methods and gap closure strategies" (5 CFR 250.204(a)). A skill gap is a variance between the current and projected workforce size and skills needed (5 CFR 250.202). OPM's talent management guidance describes gap analysis as identifying the difference between the competencies and skills needed and those employees have, closed through training, hiring or both.
The 2026 OPM change. A final rule published October 29, 2026 and effective November 30, 2026 replaces agencies' Human Capital Operating Plans with Annual Staffing Plans. Each plan must include metrics and criteria for evaluating current and future staffing needs; target hiring to address skills gaps, enable succession planning and place new appointments in the highest-need areas; and consider efficiencies such as removing unnecessary management layers and redistributing workload across positions with similar duties. See succession planning.
The former federal contractor "workforce analysis." Under Executive Order 11246, 41 CFR part 60-2 required a written affirmative action program with six quantitative analyses: an organizational profile, a job group analysis, placement of incumbents in job groups, availability, a comparison of incumbency to availability, and placement goals (60-2.10). The organizational profile, "a depiction of the staffing pattern within an establishment," had to be either an organizational display or a workforce analysis (60-2.11). A workforce analysis listed every job title from payroll records or bargaining agreements, ranked from lowest to highest paid within each department, showing for each title the incumbents by sex and four named race and ethnic groups and the wage rate or salary range. The job group analysis then combined titles with similar content, wage rates and opportunities (60-2.12).
Current status of those rules. Executive Order 14173, signed January 21, 2025, revoked Executive Order 11246, allowed contractors to follow the prior rules for 90 days, and told OFCCP to immediately stop holding contractors responsible for "affirmative action" and stop allowing or encouraging "workforce balancing" based on race, color, sex, sexual preference, religion or national origin. OFCCP says Executive Order 11246 enforcement has ceased and pending compliance reviews were closed. The Labor Department's rule rescinding parts 60-1 and 60-2 took effect October 26, 2026, and the eCFR no longer contains part 60-2. No federal regulation now requires a contractor's race and sex organizational profile or utilization analysis. See affirmative action.
What contractor analyses remain: VEVRAA. OFCCP states that Section 503 and VEVRAA and their regulations remain in effect, although the affirmative action program certification period "will remain closed." Contractors with 50 or more employees and a contract of $200,000 or more keep a VEVRAA program, updated annually (41 CFR 60-300.40). Each year they document five figures: applicants who self-identified as, or are otherwise known to be, protected veterans; total job openings and jobs filled; total applicants; protected veteran applicants hired; and total applicants hired (60-300.44(k)). These feed the yearly outreach assessment, which uses the current and two prior years of data (60-300.44(f)(3)), and the annual hiring benchmark: OFCCP's national percentage of veterans in the civilian labor force or a figure built from five listed factors. The regulation says quotas are expressly forbidden (60-300.45).
What contractor analyses remain: Section 503. Contractors with 50 or more employees and a contract of $50,000 or more still keep a written Section 503 program (41 CFR 60-741.40). A rule effective September 21, 2026 removed the disability self-identification invitation, the related data collection at 60-741.44(k) and the 7 percent utilization goal and analysis at 60-741.45, now reserved. New paragraph 60-741.44(l) says contractors need not consider quantitative data on referrals, applicants or hires with disabilities when assessing outreach. The annual outreach review (60-741.44(f)(3)) and an audit and reporting system measuring the program's effectiveness (60-741.44(h)) remain.
EEO-1 workforce data. The regulation still says every employer subject to Title VII with 100 or more employees files the EEO-1 each year and keeps a copy of the most recent report (29 CFR 1602.7). The EEOC describes Component 1 as workforce data by job category, sex and race or ethnicity, also filed by federal contractors with 50 or more employees meeting certain criteria. As checked November 9, 2026, the EEOC page says the 2024 collection is closed and updates on the 2025 collection will be posted. On July 23, 2026 the EEOC proposed rescinding the EEO-1 through EEO-6 reports and related recordkeeping; comments closed August 24, 2026. A proposal does not change the current rule.
Analysing selection outcomes. Workforce analysis often turns into analysis of decisions: who was hired, promoted or let go. The Uniform Guidelines on Employee Selection Procedures say users should keep records of impact by sex and by race and ethnic group, with safeguards so those records are used for appropriate purposes such as determining adverse impact (29 CFR 1607.4(A)-(B)). Under the four-fifths rule, a selection rate below 80 percent of the highest group's rate is general evidence of adverse impact, with caveats for small numbers (1607.4(D)). Users with 100 or fewer employees may keep simplified yearly records of hires, promotions, terminations, applicants and procedures used (1607.15(A)(1)).
Labor market comparison: three BLS sources. The Quarterly Census of Employment and Wages (QCEW) counts establishments, employment and wages reported by employers covering more than 95 percent of U.S. jobs, by county, state and nation and by detailed NAICS industry, mainly from state unemployment insurance reports; it excludes proprietors and the unincorporated self-employed. Its August 28, 2026 release covers the first quarter of 2026. Occupational Employment and Wage Statistics (OEWS) gives employment and wages for about 830 occupations by nation, state and metropolitan area, most recently for May 2025. OEWS wages exclude overtime, shift differentials, nonproduction bonuses and benefits, and BLS does not encourage using OEWS as a time series because each set pools six semiannual panels. JOLTS gives monthly national and state openings, hires and separations.
How JOLTS rates are calculated. BLS divides hires, or separations, by employment and multiplies by 100. The job openings rate divides openings by employment plus job openings. For September 2026 (preliminary, released November 3, 2026), BLS reported a job openings rate of 4.5 percent, hires 3.4 percent, total separations 3.3 percent, quits 2.1 percent and layoffs and discharges 1.0 percent.
Hypothetical: a distribution company averages 200 employees in September 2026, records 12 quits and has 15 open positions on the last business day of the month while 185 positions are filled. Its quits rate is 12 / 200 x 100 = 6.0 percent, almost three times the 2.1 percent national JOLTS rate for that month. Its job openings rate is 15 / (185 + 15) x 100 = 7.5 percent, against 4.5 percent nationally. A national rate covers all industries, so the next step would be to compare against the JOLTS industry series and local QCEW wage data before drawing conclusions.
Hypothetical promotion review using 29 CFR 1607.4(D): 40 men and 30 women were eligible for supervisor promotions this year; 10 men and 5 women were promoted. The men's rate is 10 / 40 = 25 percent and the women's is 5 / 30, about 16.7 percent. The impact ratio is 16.7 / 25, about 67 percent, below four-fifths, which the guidelines generally treat as evidence of adverse impact. With numbers this small, 1607.4(D) allows looking at results over a longer period, and under 1607.4(C) the next step would be to evaluate each component of the promotion process.
Hypothetical VEVRAA data for a covered contractor: 400 applicants, 32 of whom self-identified as protected veterans, for 50 openings, all filled; 5 protected veterans were among the 50 hires. Those are the counts 60-300.44(k) requires. As our illustration, protected veterans were 8 percent of applicants (32 / 400) and 10 percent of hires (5 / 50); the contractor compares results with its documented hiring benchmark and the prior two years when it assesses its outreach.
Where states differ: California. Some states collect workforce data directly. Under California Government Code section 12999, private employers with 100 or more payroll employees, at least one in California, file an annual pay data report with the Civil Rights Department, with a separate report for 100 or more labor contractor employees. The Department's Reporting Year 2025 FAQ says employers group California employees by race and ethnicity, sex, job category, pay band, exemption status and employment type for each establishment. Reports are due the second Wednesday of May; the Reporting Year 2025 deadline was May 13, 2026. Other states differ; check the state civil rights agency.
Recordkeeping. VEVRAA data collection analyses and hiring benchmark records are kept three years (60-300.44(k), 60-300.45(c)). Other contractor personnel records, including applications, tests and records on hiring, promotion, termination and pay, are kept two years, or one year for contractors with fewer than 150 employees or without a contract of at least $200,000 (60-300.80(a)). The most recent EEO-1 report is kept at each reporting unit or headquarters (29 CFR 1602.7).
Questions employers ask. Must a private employer do a workforce analysis? No federal rule reviewed here requires a general one outside the specific reports above. Is the EEO-1 still required? The regulation stands while the July 2026 rescission proposal is pending. Which BLS source fits pay comparisons? OEWS for occupational wages by area; QCEW for industry employment and pay by county; JOLTS for turnover rates.
Why it matters and common mistakes
Treating a race and sex organizational profile or utilization analysis as a current contractor requirement after part 60-2 was rescinded effective October 26, 2026; Executive Order 14173 directs OFCCP to stop allowing or encouraging workforce balancing on those bases.
Assuming all contractor analysis ended with Executive Order 11246; VEVRAA programs, the 60-300.44(k) data and the annual hiring benchmark remain.
Running the Section 503 7 percent utilization analysis as if required; it was removed effective September 21, 2026 (41 CFR 60-741.45 now reserved).
Treating the EEOC's July 2026 rescission proposal as final; 29 CFR 1602.7 still requires the EEO-1 from employers with 100 or more employees.
Reading a four-fifths result on a handful of selections as conclusive; 29 CFR 1607.4(D) says small-number differences that are not statistically significant may not be adverse impact.
Comparing internal pay with OEWS wages without noting that OEWS excludes overtime, shift differentials and nonproduction bonuses.
Missing California's pay data deadline; the Civil Rights Department says failure to file may lead to a court order, compliance costs and monetary penalties.
Discarding VEVRAA data analyses or benchmark records before the three years required by 41 CFR 60-300.44(k) and 60-300.45(c).
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Sources & References
- *eCFR - 5 CFR Part 250, Subpart B Strategic Human Capital Management - 250.202 skill gap definition; 250.203 Human Capital Framework systems; 250.204(a) comprehensive workforce planning and analysis, skill gaps in mission-critical occupations
- *Federal Register - OPM Final Rule: Strategic Human Capital Management (Oct. 29, 2026) - effective November 30, 2026; Annual Staffing Plans replace Human Capital Operating Plans; plan contents and efficiencies in revised 250.205
- *OPM - Human Capital Framework: Talent Management - definition of workforce planning; gap analysis between competencies needed and held; closing gaps through training or hiring
- *GovInfo - 41 CFR 60-2.10 (2025 edition) - six quantitative analyses required in a former Executive Order 11246 affirmative action program
- *GovInfo - 41 CFR 60-2.11 Organizational profile (2025 edition) - organizational profile as organizational display or workforce analysis; contents of a workforce analysis
- *GovInfo - 41 CFR 60-2.12 Job group analysis (2025 edition) - combining titles with similar content, wage rates and opportunities; EEO-1 categories for contractors under 150 employees
- *Federal Register - Executive Order 14173 (Jan. 21, 2025) - revocation of Executive Order 11246; 90-day wind-down; OFCCP to cease affirmative action and workforce balancing
- *Federal Register - Rescission of Executive Order 11246 Implementing Regulations (Aug. 21, 2026) - parts 60-1 and 60-2 rescinded effective October 26, 2026
- *DOL OFCCP - Home page and Executive Order 14173 statement - Secretary's Orders 03-2025 and 08-2025; compliance reviews closed; AAP certification period closed; Section 503 and VEVRAA remain in effect
- *Federal Register - Section 503 Final Rule (Aug. 21, 2026) - removal of self-identification, 60-741.44(k) data collection and 60-741.45 utilization goal and analysis; effective September 21, 2026
- *eCFR - 41 CFR 60-741.40 Section 503 affirmative action program - 50 employees and $50,000 contract threshold; 120 days; annual update
- *eCFR - 41 CFR 60-741.44 Required contents (Section 503) - (f)(3) outreach assessment; (h) audit and reporting system; (k) reserved; (l) no quantitative data requirement
- *eCFR - 41 CFR 60-741.45 [Reserved] - utilization goal section now reserved
- *eCFR - 41 CFR 60-300.40 VEVRAA affirmative action program - 50 employees and $200,000 contract threshold; 120 days; annual update
- *eCFR - 41 CFR 60-300.44 Required contents (VEVRAA) - (f)(3) outreach assessment with three years of data; (k) five data items documented annually, kept 3 years
- *eCFR - 41 CFR 60-300.45 Benchmarks for hiring - annual benchmark by national percentage or five factors; not a quota; records kept 3 years
- *eCFR - 41 CFR 60-300.80 Recordkeeping - two-year retention, one year for fewer than 150 employees or no $200,000 contract
- *EEOC - EEO Data Collections - EEO-1 Component 1 coverage and content; 2024 collection closed; 2025 updates to be posted (checked November 9, 2026)
- *eCFR - 29 CFR 1602.7 Requirement for filing of report - EEO-1 filing for employers with 100 or more employees; copy of most recent report kept
- *Federal Register - EEOC Proposed Rule: Removal of Reporting Requirements (July 23, 2026) - proposal to rescind EEO-1 through EEO-6 and related recordkeeping; comments due August 24, 2026
- *eCFR - 29 CFR 1607.4 Information on impact - impact records by sex, race and ethnic group; safeguards; bottom line; four-fifths rule and small-number caveats
- *eCFR - 29 CFR 1607.15 Documentation of impact and validity evidence - simplified yearly records for users with 100 or fewer employees
- *BLS - Quarterly Census of Employment and Wages - coverage over 95 percent of jobs; latest release August 28, 2026 for first quarter 2026
- *BLS - QCEW Overview - UI administrative records; establishments, employment and wages; NAICS and geographic detail; exclusions
- *BLS - Occupational Employment and Wage Statistics - about 830 occupations; national, state and metro and nonmetro areas; May 2025 estimates
- *BLS - OEWS Frequently Asked Questions - coverage and exclusions; wage definition; six semiannual panels; not encouraged for time-series analysis
- *BLS - Job Openings and Labor Turnover Survey - September 2026 preliminary rates; release dated November 3, 2026; state estimates
- *BLS - JOLTS Definitions - definitions of job openings, hires, separations, quits, layoffs and discharges, other separations
- *BLS - JOLTS Technical Note - rate formulas; sample of about 21,000 establishments
- *California Civil Rights Department - Pay Data Reporting - Government Code 12999 coverage; Reporting Year 2025 reports due May 13, 2026
- *California Civil Rights Department - Pay Data Reporting FAQ, Reporting Year 2025 - 100-employee test; employee groups by race and ethnicity, sex, job category, pay band, exemption status and employment type; second Wednesday of May deadline; consequences of failure to file
Last reviewed: November 2026. Figures are reviewed annually - see Sources & References for current figures.
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